Q  V  l  ///  2.-7 


Avery  Architectural  and  Fine  Arts  Library 
Gift  of  Seymour  B.  Durst  Old  York  Library 


An  /  Address  /  to  the  /  People  /  of  the  /  State  of 
New- York  /  On  the  Subject  of  the  /  Constitution,  / 
Agreed  upon  at  Philadelphia,  /  The  17th  of  September, 
1787.  /  New-York:  /  Printed  by  Samuel  Loudon,  /  Prin- 
ter to  the  State.  [1788]. 

Sm.  4to.,  pp.  19. 


By  John  Jay,  member  of  the  New  York  State  Convention. 
The  pamphlet  has  been  partially  reprinted  in  Elliot,  I,  496. 

"  The  good  sense,  forcible  observations,  temper  and  mod- 
eration with  which  the  pamphlet  is  written,  cannot  fail,  I 
should  think,  of  making  a  serious  impression  upon  the  anti- 
federal  mind,  where  it  is  not  under  the  influence  of  such  local 
views  as  will  yield  to  no  argument,  no  proof." — George  Wash- 
ington. 

"  I  likewise  send  you  a  small  pamphlet  written  by  John 
Jay  about  ten  days  since,  and  which  has  had  a  most  astonishing 
influence  in  converting  anti-federalism  to  a  knowledge  and 
belief  that  the  new  Constitution  was  their  only  political  salva- 
tion."—S.  B.  Webb,  27  April,  1788. 

"  This  pamphlet  contains  a  brief  recapitulation  of  the  most 
striking  arguments  in  favor  of  adopting  the  proposed  Federal 
Constitution.  Several  of  the  observations  are  new,  and  all  are 
penned  with  such  moderation  of  temper,  and  sound  judg- 
ment, that  they  cannot  fail  to  make  an  impression  favorable 
to  the  Constitution  on  minds  which  are  open  to  conviction. 
It  is  wished  that  every  friend  to  good  order  and  government 
might  '  receive  this  address  with  the  same  candor  with  which 
it  is  written,'  as  it  is  believed  the  author's  arguments  against 
appointing  a  new  general  Convention,  for  the  purpose  of 
altering  and  amending  the  constitution,  are  altogether 
unanswerable."  [Noah  Webster]  in  American  Magazine  for 
April,  1788. 

See  Jay's  Life  of  Jay,  I,  362  ;  The  Federalist,  LXXXV;  and 
the  "  Postcript  "  of  An  Address  to  the  People  of  the  State  of 
New  York. — By  a  Plebian,  infra. 

P.  L.  F. 


Digitized  by  the  Internet  Archive 
in  2014 


https://archive.org/details/addresstopeopleoOOjayj 


Friends  and  Fellow  Citizens  : 


HpHERE  are  times  and  seasons,  when  general  evils  spread 
general  alarm  and  uneasiness,  and  yet  arise  from 
causes  too  complicated,  and  too  little  understood  by  many,  to 
produce  an  unanimity  of  opinions  respecting  their  remedies. 
Hence  it  is,  that  on  such  occasions,  the  conflict  of  arguments 
too  often  excites  a  conflict  of  passions,  and  introduces  a 
degree  of  discord  and  animosity,  which,  by  agitating  the  public 
mind  dispose  it  to  precipitation  and  extravagance.  They  who 
on  the  ocean  have  been  unexpectedly  enveloped  with  tempests, 
or  suddenly  entangled  among  rocks  and  shoals,  know  the 
value  of  that  serene,  self-possession  and  presence  of  mind,  to 
which  in  such  cases  they  owed  their  preservation  ;  nor  will  the 
heroes  who  have  given  us  victory  and  peace,  hesitate  to 
acknowledge  that  we  are  as  much  indebted  for  those  blessings 
to  the  calm  prevision,  and  cool  intrepidity  which  planned  and 
conducted  our  military  measures,  as  to  the  glowing  animation 
with  which  they  were  executed. 

While  reason  retains  her  rule,  while  men  are  as  ready  to 
receive  as  to  give  advice,  and  as  willing  to  be  convinced 
themselves,  as  to  convince  others,  there  are  few  political  evils 
from  which  a  free  and  enlightened  people  cannot  deliver 
themselves.  It  is  unquestionably  true,  that  the  great  body 
of  the  people  love  their  country,  and  wish  it  prosperity;  and 
this  observation  is  particularly  applicable  to  the  people  of  a 
free  country,  for  they  have  more  and  stronger  reasons  for 
loving  it  than  others.  It  is  not  therefore  to  vicious  motives 
that  the  unhappy  divisions  which  sometimes  prevail  among 
them  are  to  be  imputed  ;  the  people  at  large  always  mean  well, 
and  although  they  may  on  certain  oc-  [4]  casions  be  misled 
by  the  counsels,  or  injured  by  the  efforts  of  the  few  who  ex- 
pect more  advantage  from  the  wreck,  than  from  the  preserva- 
tion of  national  prosperity,  yet  the  motives  of  these  few,  are 


4 


ADDRESS  BY  JOHN  JAY. 


by  no  means  to  be  confounded  with  those  of  the  community 
in  general. 

That  such  seeds  of  discord  and  danger  have  been  dissem- 
inated and  begin  to  take  root  in  America,  as  unless  eradicated 
will  soon  poison  our  gardens  and  our  fields,  is  a  truth  much  to 
be  lamented ;  and  the  more  so,  as  their  growth  rapidly 
increases,  while  we  are  wasting  the  season  in  honestly  but 
imprudently  disputing,  not  whether  they  shall  be  pulled  up, 
but  by  whom,  in  what  manner,  and  with  what  instruments,  the 
work  shall  be  done. 

When  the  king  of  Great  Britain,  misguided  by  men  who 
did  not  merit  his  confidence,  asserted  the  unjust  claim  of  binding 
us  in  all  cases  whatsoever,  and  prepared  to  obtain  our  submis- 
sion by  force,  the  object  which  engrossed  our  attention, 
however  important,  was  nevertheless  plain  and  simple,  "What 
shall  we  do  ?"  was  the  question — the  people  answered,  let  us 
unite  our  counsels  and  our  arms.  They  sent  Delegates  to 
Congress,  and  soldiers  to  the  field.  Confiding  in  the  probity 
and  wisdom  of  Congress,  they  received  their  recommendations 
as  if  they  had  been  laws ;  and  that  ready  acquiesence  in  their 
advice  enabled  those  patriots  to  save  their  country.  Then 
there  was  little  leisure  or  disposition  for  controversy  respecting 
the  expediency  of  measures — hostile  fleets  soon  filled  our  ports, 
and  hostile  armies  spread  desolation  on  our  shores.  Union 
was  then  considered  as  the  most  essential  of  human  means 
and  we  almost  worshipped  it  with  as  much  fervor,  as  pagans 
in  distress  formerly  implored  the  protection  of  their  tutelar 
deities.  That  union  was  the  child  of  wisdom — heaven  blessed 
it,  and  it  wrought  out  our  political  salvation. 

That  glorious  war  was  succeeded  by  an  advantageous  peace. 
When  danger  disappeared,  ease,  tranquility,  and  a  sense  of 
security  loosened  the  bands  of  union  ;  and  Congress  and  soldiers 
and  good  faith  depreciated  with  their  apparent  importance. 
Recommendations  lost  their  influence,  and  requisitions  were 
rendered  nugatory,  not  by  their  want  of  propriety,  but  by 
their  want  of  power.  The  spirit  of  private  gain  expelled  the 
spirit  of  public  good,  and  men  became  more  intent  on  the 
means  of  enriching  and  aggrandizing  themselves,  than  of  en- 


ADDRESS  BY  JOHN  JAY. 


5 


riching  and  aggrandizing  their  country.  Hence  the  war-worn 
veteran,  whose  re-  [5]  ward  for  toils  and  wounds  existed  in 
written  promises,  found  Congress  without  the  means,  and  too 
many  of  the  States  without  the  disposition,  to  do  him  justice. 
Hard  necessity  compelled  him,  and  others  under  similar  cir- 
cumstances, to  sell  their  honest  claims  on  the  public  for  a 
little  bread ;  and  thus  unmerited  misfortunes  and  patriotic 
distresses  became  articles  of  speculation  and  commerce. 

These  and  many  other  evils,  too  well  known  to  require 
enumeration,  imperceptibly  stole  in  upon  us,  and  acquired  an 
unhappy  influence  on  our  public  affairs.  But  such  evils,  like 
the  worst  of  weeds,  will  naturally  spring  up  in  so  rich  a  soil; 
and  a  good  Government  is  as  necessary  to  subdue  the  one,  as- 
an  attentive  gardner  or  husbandman  is  to  destroy  the  other — 
Even  the  garden  of  Paradise  required  to  be  dressed,  and  while 
men  continue  to  be  constantly  impelled  to  error  and  to  wrong 
by  innumerable  circumstances  and  temptations,  so  long  will 
society  experience  the  unceasing  necessity  of  government. 

It  is  a  pity  that  the  expectations  which  actuated  the 
authors  of  the  existing  confederation,  neither  have  nor  can  be 
realized : — accustomed  to  see  and  admire  the  glorious  spirit 
which  moved  all  ranks  of  people  in  the  most  gloomy  moments 
of  the  war,  observing  their  steadfast  attachment  to  Union,, 
and  the  wisdom  they  so  often  manifested  both  in  choosing 
and  confiding  in  their  rulers,  those  gentlemen  were  led  to 
flatter  themselves  that  the  people  of  America  only  required, 
to  know  what  ought  to  be  done,  to  do  it.  This  amiable  mis- 
take induced  them  to  institute  a  national  government  in  such 
a  manner,  as  though  very  fit  to  give  advice,  was  yet  destitute 
of  power,  and  so  constructed  as  to  be  very  unfit  to  be  trusted 
with  it.  They  seem  not  to  have  been  sensible  that  mere 
advice  is  a  sad  substitute  for  laws ;  nor  to  have  recollected  that 
the  advice  even  of  the  allwise  and  best  of  Beings,  has  been 
always  disregarded  by  a  great  majority  of  all  the  men  that 
ever  lived. 

Experience  in  a  severe  preceptor,  but  it  teaches  useful 
truths,  and  however  harsh,  is  always  honest — Be  calm  ancl 
dispassionate,  and  listen  to  what  it  tells  us. 


6 


ADDRESS  BY  JOHN  JAY. 


Prior  to  the  revolution  we  had  little  occasion  to  inquire  or 
know  much  about  national  affairs,  for  although  they  existed 
and  were  managed,  yet  they  were  managed  for  us,  but  not  by 
us.  Intent  on  our  domestic  concerns,  our  internal  legislative 
business,  our  agriculture,  and  our  buying  and  selling,  we  were 
seldom  anxious  about  what  passed  or  was  [6]  doing  in  foreign 
Courts.  As  we  had  nothing  to  do  with  that  department  of 
policy,  so  the  affairs  of  it  were  not  detailed  to  us,  and  we  took 
as  little  pains  to  inform  ourselves,  as  others  did  to  inform  us 
of  them.  War,  and  peace,  alliances,  and  treaties,  and  com- 
merce, and  navigation,  were  conducted  and  regulated  without 
our  advice  or  controul.  While  we  had  liberty  and  justice, 
and  in  security  enjoyed  the  fruits  of  our  "vine  and  fig  tree," 
we  were  in  general  too  content  and  too  much  occupied,  to  be 
at  the  trouble  of  investigating  the  various  political  combina- 
tions in  this  department,  or  to  examine  and  perceive  how 
exceedingly  important  they  often  were  to  the  advancement 
and  protection  of  our  prosperity.  This  habit  and  turn  of 
thinking  affords  one  reason  why  so  much  more  care  was  taken, 
and  so  much  more  wisdom  displayed,  in  forming  our  State 
Governments,  than  in  forming  our  Federal  or  national  one. 

By  the  Confederation  as  it  now  stands,  the  direction  of 
general  and  national  affairs  is  committed  to  a  single  body  of 
men,  viz.  the  Congress.  They  may  make  war,  but  are  not 
empowered  to  raise  men  or  money  to  carry  it  on.  They  may 
make  peace,  but  without  power  to  see  the  terms  of  it  observed 
— They  may  form  alliances,  but  without  ability  to  comply  with 
the  stipulations  on  their  part — They  may  enter  into  treaties 
of  commerce,  but  without  power  to  enforce  them  at  home  or 
abroad — They  may  borrow  money,  but  without  having  the 
means  of  repayment — They  may  partly  regulate  commerce, 
but  without  authority  to  execute  their  ordinances — They  may 
appoint  ministers  and  other  officers  of  trust,  but  without  power 
to  try  or  punish  them  for  misdemeanors — They  may  resolve, 
but  cannot  execute  either  with  dispatch  or  with  secrecy — In 
short,  they  may  consult,  and  deliberate,  and  recommend,  and 
make  requisitions,  and  they  who  please,  may  regard  them. 

From  this  new  and  wonderful  system  of  Government,  it 


ADDRESS  BY  JOHN  JAY. 


7 


has  come  to  pass,  that  almost  every  national  object  of  every 
kind,  is  at  this  day  unprovided  for;  and  other  nations  taking 
the  advantage  of  its  imbecility,  are  daily  multiplying  commer- 
cial restraints  upon  us.  Our  fur  trade  is  gone  to  Canada,  and 
British  garrisons  keep  the  keys  of  it.  Our  shipyards  have 
almost  ceased  to  disturb  the  repose  of  the  neighborhood  by 
the  noise  of  the  axe  and  hammer;  and  while  foreign  flags  fly 
triumphantly  above  our  highest  houses,  the  American  Stars 
seldom  do  more  than  shed  a  few  feeble  rays  about  the  humble 
masts  of  river  sloops  and  coasting  schooners.  The  greater 
part  of  our  hardy  seamen,  are  [7]  plowing  the  ocean  in  foreign 
pay;  and  not  a  few  of  our  ingenious  shipwrights  are  now  build- 
ing vessels  on  alien  shores.  Although  our  increasing  agriculture 
and  industry  extend  and  multiply  our  productions,  yet  they 
constantly  diminish  in  value;  and  although  we  permit  all 
nations  to  fill  our  country  with  their  merchandises,  yet  their 
best  markets  are  shut  against  us.  Is  there  an  English,  or  a 
French,  or  a  Spanish  island  or  port  in  the  West-Indies,  to 
which  an  American  vessel  can  carry  a  cargo  of  flour  for  sale  ? 
Not  one.  The  Algerines  exclude  us  from  the  Mediterranean, 
and  adjacent  countries  ;  and  we  are  neither  able  to  purchase, 
nor  to  command  the  free  use  of  those  seas.  Can  our  little 
towns  or  larger  cities  consume  the  immense  productions  of 
our  fertile  country?  or  will  they  without  trade  be  able  to  pay 
a  good  price  for  the  proportion  which  they  do  consume  ?  The 
last  season  gave  a  very  unequivocal  answer  to  these  questions 
— What  numbers  of  fine  cattle  have  returned  from  this  city  to 
the  country  for  want  of  buyers?  What  great  quantities  of 
salted  and  other  provisions  still  lie  useless  in  the  stores?  To 
how  much  below  the  former  price,  is  our  corn,  and  wheat  and 
flour  and  lumber  rapidly  falling?  Our  debts  remain  undimin- 
ished, and  the  interest  on  them  accumulating — our  credit 
abroad  is  nearly  extinguished,  and  at  home  unrestored — they 
who  had  money  have  sent  it  beyond  the  reach  of  our  laws, 
and  scarcely  any  man  can  borrow  of  his  neighbor.  Nay,  does 
not  experience  also  tell  us,  that  it  is  as  difficult  to  pay  as  to 
borrow?  That  even  our  houses  and  lands  cannot  command 
money — that  law  suits  and  usurious  contracts  abound — that 


8  ADDRESS  BY  JOHN  JAY. 

our  farms  sell  on  executions  for  less  than  half  their  value,  and 
that  distress  in  various  forms,  and  in  various  ways,  is  approach- 
ing fast  to  the  doors  of  our  best  citizens. 

These  things  have  been  gradually  coming  upon  us  ever 
since  the  peace — they  have  been  perceived  and  proclaimed, 
but  the  universal  rage  and  pursuit  of  private  gain  conspired 
with  other  causes,  to  prevent  any  proper  efforts  being  made 
to  meliorate  our  condition  by  due  attention  to  our  national 
affairs,  until  the  late  Convention  was  convened  for  that  purpose. 
From  the  result  of  their  deliberations,  the  States  expected  to 
derive  much  good,  and  should  they  be  disappointed,  it  will 
probably  be  not  less  their  misfortune  than  their  fault.  That 
Convention  was  in  general  composed  of  excellent  and  tried 
men — men  who  had  become  conspicuous  for  their  wisdom  and 
public  services,  and  whose  names  [8]  and  characters  will  be 
venerated  by  posterity.  Generous  and  candid  minds  cannot 
perceive  without  pain,  the  illiberal  manner  in  which  some  have 
taken  the  liberty  to  treat  them  ;  nor  forbear  to  impute  it  to 
impure  and  improper  motives,  zeal  for  public  good,  like  zeal 
for  religion,  may  sometimes  carry  men  beyond  the  bounds  of 
reason,  but  it  is  not  conceivable,  that  on  this  occasion,  it 
should  find  means  so  to  inebriate  any  candid  American,  as  to 
make  him  forget  what  he  owed  to  truth  and  to  decency,  or 
induce  him  either  to  believe  or  to  say,  that  the  almost  unani- 
mous advice  of  the  Convention,  proceeded  from  a  wicked 
combination  and  conspiracy  against  the  liberties  of  their 
country.  This  is  not  the  temper  with  which  we  should  receive 
and  consider  their  recommendations,  nor  the  treatment  that 
would  be  worthy  either  of  us  or  them.  Let  us  continue 
careful  therefore  that  facts  do  not  warrant  historians  to  tell 
future  generations,  that  envy,  malice  and  uncharitableness 
pursued  our  patriotic  benefactors  to  their  graves,  and  that  not 
even  pre-eminence  in  virtue,  nor  lives  devoted  to  the  public, 
could  shield  them  from  obloquy  and  detraction.  On  the 
contrary,  let  our  bosoms  always  retain  a  sufficient  degree  of 
honest  indignation  to  disappoint  and  discourage  those  who 
expect  our  thanks  or  applause  for  calumniating  our  most 
faithful  and  meritorious  friends. 


ADDRESS  BY  JOHN  JAY.  9 

The  Convention  concurred  in  opinion  with  the  people,  that 
a  national  government,  competent  to  every  national  object,  was 
indispensibly  necessary;  and  it  was  as  plain  to  them,  as  it  now 
is  to  all  America,  that  the  present  confederation  does  not 
provide  for  such  a  government.  These  points  being  agreed, 
they  proceeded  to  consider  how  and  in  what  manner  such  a 
government  could  be  formed,  as  on  the  one  hand,  should  be 
sufficiently  energetic  to  raise  us  from  our  prostrate  and  dis- 
tressed situation,  and  on  the  other  be  perfectly  consistent  with 
the  liberties  of  the  people  of  every  State.  Like  men  to  whom 
the  experience  of  other  ages  and  countries  had  taught  wisdom, 
they  not  only  determined  that  it  should  be  erected  by,  and 
depend  on  the  people;  but  remembering  the  many  instances 
in  which  governments  vested  solely  in  one  man,  or  one  body 
of  men,  had  degenerated  into  tyrannies,  they  judged  it  most 
prudent  that  the  three  great  branches  of  power  should  be 
committed  to  different  hands,  and  therefore  that  the  executive 
should  be  separated  from  the  legislative,  and  the  judicial  from 
both.  Thus  far  the  propriety  of  their  work  is  easily  seen  and 
understood,  and  therefore  is  thus  far  almost  uni-  [9]  versally 
approved — for  no  one  man  or  thing  under  the  sun  ever  yet 
pleased  every  body. 

The  next  question  was,  what  particular  powers  should  be 
given  to  these  three  branches  ?  Here  the  different  views  and 
interests  of  the  different  states,  as  well  as  the  different  abstract 
opinions  of  their  members  on  such  points,  interposed  many 
difficulties.  Here  the  business  became  complicated,  and  pre- 
sented a  wide  field  for  investigation  ;  too  wide  for  every  eye  to 
take  a  quick  and  comprehensive  view  of  it. 

It  is  said  that  "  in  a  multitude  of  counsellors  there  is 
safety,"  because  in  the  first  place,  there  is  greater  security  for 
probity ;  and  in  the  next,  if  every  member  cast  in  only  his  mite 
of  information  and  argument,  their  joint  stock  of  both  will 
thereby  become  greater  than  the  stock  possessed  by  any  one 
single  man  out  of  doors.  Gentlemen  out  of  doors  therefore 
should  not  be  hasty  in  condemning  a  system,  which  probably 
rests  on  more  good  reasons  than  they  are  aware  of,  especially 
when  formed  under  such  advantages,  and  recommended  by 
so  many  men  of  distinguished  worth  and  abilities. 


iO 


ADDRESS  BY  JOHN  JAY. 


The  difficulties  before  mentioned  occupied  the  Convention 
a  long  time  and  it  was  not  without  mutual  concessions  that 
they  were  at  last  surmounted.  These  concessions  serve  to 
explain  to  us  the  reason  why  some  parts  of  the  system  please 
in  some  states,  which  displease  in  others  ;  and  why  many  of  the 
objections  which  have  been  made  to  it,  are  so  contradictory 
and  inconsistent  with  one  another.  It  does  great  credit  to 
the  temper  and  talents  of  the  Convention,  that  they  were  able 
so  to  reconcile  the  different  views  and  interests  of  the  different 
States,  and  the  clashing  opinions  of  their  members  as  to  unite 
with  such  singular  and  almost  perfect  unanimity  in  any  plan 
whatever,  on  a  subject  so  intricate  and  perplexed.  It  shews 
that  it  must  have  been  thoroughly  discussed  and  understood; 
and  probably  if  the  community  at  large  had  the  same  lights 
and  reasons  before  them,  they  would,  if  equally  candid  and 
uninfluenced,  be  equally  unanimous. 

It  would  be  arduous,  and  indeed  impossible,  to  comprise 
within  the  limits  of  this  address,  a  full  discussion  of  every 
part  of  the  plan.  Such  a  task  would  require  a  volume,  and 
few  men  have  leisure  or  inclination  to  read  volumes  on  any 
subject.  The  objections  made  to  it  are  almost  without 
number,  and  many  of  them  without  reason — some  of  them 
are  real  and  honest,  and  others  merely  ostensible.  There  are 
friends  to  [10]  Union  and  a  national  Government  who  have 
serious  doubts,  who  wish  to  be  informed,  and  to  be  convinced; 
and  there  are  others  who,  neither  wishing  for  union,  nor  any 
national  Government  at  all,  will  oppose  and  object  to  any 
plan  that  can  be  contrived. 

We  are  told,  among  other  strange  things,  that  the  liberty 
of  the  press  is  left  insecure  by  the  proposed  Constitution,  and 
yet  that  Constitution  says  neither  more  nor  less  about  it,  than 
the  Constitution  of  the  State  of  New  York  does.  We  are  told 
that  it  deprives  us  of  trial  by  jury,  whereas  the  fact  is,  that  it 
expressly  secures  it  in  certain  cases,  and  takes  it  away  in  none 
— it  is  absurd  to  construe  the  silence  of  this,  or  of  our  own 
constitution,  relative  to  a  great  number  of  our  rights,  into  a 
total  extinction  of  them — silence  and  blank  paper  neither 
grant  nor  take  away  anything.    Complaints  are  also  made  that 


ADDRESS  BY  JOHN  JAY. 


1 1 


the  proposed  constitution  is  not  accompanied  by  a  bill  of 
rights  ;  and  yet  they  who  would  make  these  complaints,  know 
and  are  content  that  no  bill  of  rights  accompanied  the  Consti- 
tution of  this  State.  In  days  and  countries,  where  Monarchs 
and  their  subjects  were  frequently  disputing  about  prerogative 
and  privileges,  the  latter  often  found  it  necessary,  as  it  were 
to  run  out  the  line  between  them,  and  oblige  the  former  to 
admit  by  solemn  acts,  called  bills  of  rights,  that  certain  enum- 
erated rights  belonged  to  the  people,  and  were  not  compre- 
hended in  the  royal  prerogative.  But  thank  God  we  have  no 
such  disputes — we  have  no  Monarchs  to  contend  with,  or 
demand  admission  from — the  proposed  Government  is  to  be 
the  government  of  the  people — all  its  officers  are  to  be  their 
officers,  and  to  exercise  no  rights  but  such  as  the  people  com- 
mit to  them.  The  Constitution  only  serves  to  point  out  that 
part  of  the  people's  business,  which  they  think  proper  by  it  to 
refer  to  the  management  of  the  persons  therein  designated — 
those  persons  are  to  receive  that  business  to  manage,  not  for 
themselves  and  as  their  own,  but  as  agents  and  overseers  for 
the  people  to  whom  they  are  constantly  responsible,  and  by 
whom  only  they  are  to  be  appointed. 

But  the  design  of  this  address  is  not  to  investigate  the 
merits  of  the  plan,  nor  of  the  objections  to  it.  They  who 
seriously  contemplate  the  present  state  of  our  affairs  will  be 
convinced  that  other  considerations  of  at  least  equal  import- 
ance demand  their  attention.  Let  it  be  admitted  that  this 
plan,  like  everything  else  devised  by  man,  has  its  imperfec- 
tions :  That  it  does  not  please  every  body  is  certain  and 
there  is  little  [u]  reason  to  expect  one  that  will.  It  is  a 
question  of  great  moment  to  you,  whether  the  probability  of 
your  being  able  seasonably  to  obtain  a  better,  is  such  as  to 
render  it  prudent  and  advisable  to  reject  this,  and  run  the 
risque.  Candidly  to  consider  this  question  is  the  design  of 
this  address. 

As  the  importance  of  this  question  must  be  obvious  to 
every  man,  whatever  his  private  opinions  respecting  it  may 
be,  it  becomes  us  all  to  treat  it  in  that  calm  and  temperate 
manner,  which  a  subject  so  deeply  interesting  to  the  future 


]  2 


ADDRESS  BY  JOHN  JAY. 


welfare  of  our  country  and  prosperity  requires.  Let  us  there- 
fore as  much  as  possible  repress  and  compose  that  irritation 
in  our  minds,  which  to  warm  disputes  about  it  may  have 
excited.  Let  us  endeavour  to  forget  that  this  or  that  man,  is 
on  this  or  that  side  ;  and  that  we  ourselves,  perhaps  without 
sufficient  reflection,  have  classed  ourselves  with  one  or  the 
other  party.  Let  us  remember  that  this  is  not  a  matter  to  be 
regarded  as  a  matter  that  only  touches  our  local  parties,  but 
as  one  so  great,  so  general,  and  so  extensive  in  its  future  con- 
sequences to  America,  that  for  our  deciding  upon  it  according 
to  the  best  of  our  unbiassed  judgment,  we  must  be  highly 
responsible  both  here  and  hereafter. 

The  question  now  before  us  now  naturally  leads  to  three 
enquiries  : 

1.  Whether  it  is  probable  that  a  better  plan  can  be  ob- 
tained ? 

2.  Whether,  if  attainable,  it  is  likely  to  be  in  season? 

3.  What  would  be  our  situation,  if  after  rejecting  this,  all 
our  efforts  to  obtain  a  better  should  prove  fruitless? 

The  men,  who  formed  this  plan  are  Americans,  who  had 
long  deserved  and  enjoyed  our  confidence,  and  who  are  as 
much  interested  in  having  a  good  government  as  any  of  us 
are,  or  can  be.  They  were  appointed  to  that  business  at  a 
time  when  the  States  had  become  very  sensible  of  the  derange- 
ment of  our  national  affairs,  and  of  the  impossibility  of 
retrieving  them  under  the  existing  Confederation.  Although 
well  persuaded  that  nothing  but  a  good  national  government 
could  oppose  and  divert  the  tide  of  evils  that  was  flowing  in 
upon  us,  yet  those  gentlemen  met  in  Convention  with  minds 
perfectly  unprejudiced  in  favour  of  any  particular  plan.  The 
minds  of  their  Constituents  were  at  that  time  equally  unbiased, 
cool  and  dispassionate.  All  agreed  in  the  necessity  of  doing 
something,  but  no  one  ventured  to  say  decidedly  what  pre- 
cisely ought  to  be  done — opinions  were  then  fluctuating  and 
unfixed,  and  whatever  might  have  been  the  wishes  of  a  few 
individuals,  yet  while  the  Convention  deliberated,  the  people 
remained  in  [12J  silent  suspence.  Neither  wedded  to  favourite 
systems  of  their  own,  nor  influenced  by  popular  ones  abroad, 


ADDRESS  BY  JOHN  JAY. 


t3 


the  members  were  more  desirous  to  receive  light  from,  than 
to  impress  their  private  sentiments  on,  one  another.  These 
circumstances  naturally  opened  the  door  to  that  spirit  of 
candour,  of  calm  enquiry,  of  mutual  accommodation,  and 
mutual  respect,  which  entered  into  the  Convention  with  them, 
and  regulated  their  debates  and  proceedings. 

The  impossibility  of  agreeing  upon  any  plan  that  would 
exactly  quadrate  with  the  local  policy  and  objects  of  every 
State,  soon  became  evident;  and  they  wisely  thought  it  better 
mutually  to  concede,  and  accommodate,  and  in  that  way  to 
fashion  their  system  as  much  as  possible  by  the  circumstances 
and  wishes  of  different  States,  than  by  pertinaciously  adhering, 
each  to  his  own  ideas,  oblige  the  Convention  to  rise  without 
doing  anything.  They  were  sensible  that  obstacles  arising 
from  local  circumstances,  would  not  cease  while  those  circum- 
stances continued  to  exist;  and  so  far  as  those  circumstances 
depended  on  differences  of  climate,  productions,  and  commerce, 
that  no  change  was  to  be  expected.  They  were  likewise 
sensible  that  on  a  subject  so  comprehensive,  and  involving 
such  a  variety  of  points  and  questions,  the  most  able,  the  most 
candid,  and  the  most  honest  men  will  differ  in  opinion.  The 
same  proposition  seldom  strikes  many  minds  exactly  in  the 
same  point  of  light ;  different  habits  of  thinking,  different 
degrees  and  modes  of  education,  different  prejudices  and 
opinions  early  formed  and  long  entertained,  conspire  with  a 
multitude  of  other  circumstances,  to  produce  among  men  a 
diversity  and  contrariety  of  opinions  on  questions  of  difficulty. 
Liberality  therefore  as  well  as  prudence,  induced  them  to 
treat  each  other's  opinions  with  tenderness,  to  argue  without 
asperity,  and  to  endeavor  to  convince  the  judgment  without 
hurting  the  feelings  of  each  other.  Although  many  weeks 
were  passed  in  these  discussions,  some  points  remained,  on 
which  a  unison  of  opinions  could  not  be  effected.  Here 
again  that  same  happy  disposition  to  unite  and  conciliate, 
induced  them  to  meet  each  other ;  and  enabled  them,  by 
mutual  concessions,  finally  to  complete  and  agree  to  the  plan 
they  have  recommended,  and  that  too  with  a  degree  of 
unanimity   which,   considering   the    variety   of  discordant 


14 


ADDRESS  BY  JOHN  JAY. 


views  and  ideas,  they  had  to  reconcile,  is  really  astonishing. 

They  tell  us  very  honestly  that  this  plan  is  the  result  of 
accommodation — they  do  not  hold  it  up  as  the  best  of  all 
possible  ones,  but  only  as  [13]  the  best  which  they  could  unite 
in,  and  agree  to.  If  such  men,  appointed  and  meeting  under 
such  auspicious  circumstances,  and  so  sincerely  disposed  to 
conciliation,  could  go  no  further  in  their  endeavors  to  please 
every  State,  and  every  body,  what  reason  have  we  at  present 
to  expect  any  system  that  would  give  more  general  satis- 
faction ? 

Suppose  this  plan  to  be  rejected,  what  measures  would 
you  propose  for  obtaining  a  better?  Some  will  answer,  let  us 
appoint  another  Convention,  and  as  everything  has  been  said 
and  written  that  can  well  be  said  and  written  on  the  subject, 
they  will  be  better  informed  than  the  former  one  was,  and 
consequently  be  better  able  to  make  and  agree  upon  a  more 
eligible  one. 

This  reasoning  is  fair,  and  as  far  as  it  goes  has  weight;  but 
it  nevertheless  takes  one  thing  for  granted,  which  appears  very 
doubtful;  for  although  the  new  Convention  might  have  more 
information,  and  perhaps  equal  abilities,  yet  it  does  not  from 
thence  follow  that  they  would  be  equally  disposed  to  agree. 
The  contrary  of  this  position  is  the  most  probable.  You  must 
have  observed  that  the  same  temper  and  equanimity  which 
prevailed  among  the  people  on  the  former  occasion,  no  longer 
exists.  We  have  unhappily  become  divided  into  parties;  and 
this  important  subject  has  been  handled  with  such  indiscreet 
and  offensive  acrimony,  and  with  so  many  little  unhandsome 
artifices  and  misrepresentations,  that  pernicious  heats  and 
animosities  have  been  kindled,  and  spread  their  flames  far  and 
wide  among  us.  When  therefore  it  becomes  a  question  who 
shall  be  deputed  to  the  new  Convention;  we  cannot  flatter 
ourselves  that  the  talents  and  integrity  of  the  candidates  will 
determine  who  shall  be  elected.  Federal  electors  will  vote  for 
Fcederal  deputies,  and  anti-Fcederal  electors  for  anti-Fcederal 
ones.  Nor  will  either  party  prefer  the  most  moderate  of  their 
adherents,  for  as  the  most  staunch  and  active  partizans  will  be 
the  most  popular,  so  the  men  most  willing  and  able  to  carry 


ADDRESS  BY  JOHN  JAY. 


points,  to  oppose,  and  divide,  and  embarrass  their  opponents, 
will  be  chosen.  A  Convention  formed  at  such  a  season,  and 
of  such  men,  would  be  but  too  exact  an  epitome  of  the 
great  body  that  named  them.  The  same  party  views,  the 
same  propensity  to  opposition,  the  same  distrusts  and  jealous- 
ies, and  the  same  unaccommodating  spirit  which  prevail 
without,  would  be  concentred  and  ferment  with  still  greater 
violence  within.  Each  deputy  would  recollect  who  sent  [14] 
him,  and  why  he  was  sent;  and  be  too  apt  to  consider  himself 
bound  in  honor,  to  contend  and  act  vigorously  under  the 
standard  of  his  party,  and  not  hazard  their  displeasure  by 
prefering  compromise  to  victory.  As  vice  does  not  sow  the 
seeds  of  virtue,  so  neither  does  passion  cultivate  the  fruits  of 
reason.  Suspicions  and  resentments  create  no  disposition  to 
conciliate,  nor  do  they  infuse  a  desire  of  making  partial  and 
personal  objects  bend  to  general  union  and  the  common  good. 
The  utmost  efforts  of  that  excellent  disposition  were  necessary 
to  enable  the  late  Convention  to  perform  their  task;  and 
although  contrary  causes  sometimes  operate  similar  effects, 
yet  to  expect  that  discord  and  animosity  should  produce  the 
fruits  of  confidence  and  agreement,  is  to  expect  "grapes  from 
thorns,  and  figs  from  thistles." 

The  States  of  Georgia,  Delaware,  Jersey,  and  Connecticut, 
have  adopted  the  present  plan  with  unexampled  unanimity; 
they  are  content  with  it  as  it  is,  and  consequently  their  depu- 
ties, being  apprized  of  the  sentiments  of  their  Constituents, 
will  be  little  inclined  to  make  alterations,  and  cannot  be  other- 
wise than  averse  to  changes  which  they  have  no  reason  to  think 
would  be  agreeable  to  their  people — some  other  States,  tho' 
less  unanimous,  have  nevertheless  adopted  it  by  very  respect- 
able majorities  ;  and  for  reasons  so  evidently  cogent,  that  even 
the  minority  in  one  of  them,  have  nobly  pledged  themselves 
for  its  promotion  and  support.  From  these  circumstances,  the 
new  Convention  would  derive  and  experience  difficulties 
unknown  to  the  former.  Nor  are  these  the  only  additional 
difficulties  they  would  have  to  encounter.  Few  are  ignorant 
that  there  has  lately  sprung  up  a  sect  of  politicians  who  teach 
and  profess  to  believe  that  the  extent  of  our  nation  is  too 


i6 


ADDRESS  BY  JOHN  JAY. 


great  for  the  superintendance  of  one  national  Government, 
and  on  that  principle  argue  that  it  ought  to  be  divided  into 
two  or  three.  This  doctrine,  however  mischievous  in  its 
tendency  and  consequences,  has  its  advocates;  and,  should  any 
of  them  be  sent  to  the  Convention,  it  will  naturally  be  their 
policy  rather  to  cherish  than  to  prevent  divisions  ;  for  well 
knowing  that  the  institution  of  any  national  Government, 
would  blast  their  favourite  system,  no  measures  that  lead  to 
it  can  meet  with  their  aid  or  approbation. 

Nor  can  we  be  certain  whether  or  not  any  and  what  foreign 
influence  would,  on  such  an  occasion,  be  indirectly  exerted, 
nor  for  what  purposes — delicacy  forbids  an  ample  discussion 
of  this  question.  Thus  much  [15]  may  be  said,  without  error 
or  offence,  viz.  That  such  foreign  nations  as  desire  the  pros- 
perity of  America,  and  would  rejoice  to  see  her  become  great 
and  powerful,  under  the  auspices  of  a  Government  wisely 
calculated  to  extend  her  commerce,  to  encourage  her  navigation 
and  marine,  and  to  direct  the  whole  weight  of  her  power  and 
resources  as  her  interest  and  honour  may  require,  will  doubt- 
less be  friendly  to  the  Union  of  the  States,  and  to  the  estab- 
lishment of  a  Government  able  to  perpetuate,  protect  and 
dignify  it.  Such  other  foreign  nations,  if  any  such  their  be, 
who,  jealous  of  our  growing  importance,  and  fearful  that  our 
commerce  and  navigation  should  impair  their  own — who 
behold  our  rapid  population  with  regret,  and  apprehend  that 
the  enterprising  spirit  of  our  people,  when  seconded  by  power 
and  probability  of  success,  may  be  directed  to  objects  not 
consistent  with  their  policy  or  interests,  cannot  fail  to  wish 
that  we  may  continue  a  weak  and  a  divided  people. 

These  considerations  merit  much  attention,  and  candid 
men  will  judge  how  far  they  render  it  probable  that  a  new 
Convention  would  be  able  either  to  agree  in  a  better  plan,  or 
with  tolerable  unanimity,  in  any  plan  at  all.  Any  plan  forcibly 
carried  by  a  slender  majority,  must  expect  numerous  oppon- 
ents among  the  people,  who,  especially  in  their  present  temper, 
would  be  more  inclined  to  reject  than  adopt  any  system  so 
made  and  carried.  We  should  in  such  case  again  see  the  press 
teeming  with  publications  for  and  against  it ;  for  as  the  minority 


ADDRESS  BY  JOHN  JAY. 


17 


would  take  pains  to  justify  their  dissent,  so  would  the  majority 
be  industrious  to  display  the  wisdom  of  their  proceedings. 
Hence  new  divisions,  new  parties,  and  new  distractions  would 
ensue,  and  no  one  can  foresee  or  conjecture  when  or  how  they 
would  terminate. 

Let  those  who  are  sanguine  in  their  expectations  of  a 
better  plan  from  a  new  Convention,  also  reflect  on  the  delays 
and  risque  to  which  it  would  expose  us.  Let  them  consider 
whether  we  ought,  by  continuing  much  longer  in  our  present 
humiliated  condition,  to  give  other  nations  further  time  to  per- 
fect their  restrictive  systems  of  commerce,  to  reconcile  their  own 
people  to  them,  and  to  fence  and  guard  and  strengthen  them 
by  all  those  regulations  and  contrivances  in  which  a  jealous 
policy  is  ever  fruitful.  Let  them  consider  whether  we  ought 
to  give  further  opportunities  to  discord  to  alienate  the  hearts 
of  our  citizens  from  one  another,  and  thereby  encourage  new 
Cromwells  to  bold  exploits.  Are  we  cer-  [16]  tain  that  our 
foreign  creditors  will  continue  patient,  and  ready  to  proportion 
their  forbearance  to  our  delays?  Are  we  sure  that  our 
distresses,  dissentions  and  weakness  will  neither  invite  hostility 
nor  insult  ?  If  they  should,  how  ill  prepared  shall  we  be  for 
defence!  without  Union, without  Government, without  money, 
and  without  credit ! 

It  seems  necessary  to  remind  you,  that  some  time  must 
yet  elapse,  before  all  the  States  will  have  decided  on  the 
present  plan.  If  they  reject  it,  some  time  must  also  pass 
before  the  measure  of  a  new  Convention,  can  be  brought 
about  and  generally  agreed  to.  A  further  space  of  time  will 
then  be  requisite  to  elect  their  deputies,  and  send  them  on  to 
Convention.  What  time  they  may  expend  when  met,  cannot 
be  divined,  and  it  is  equally  uncertain  how  much  time  the 
several  States  may  take  to  deliberate  and  decide  on  any  plan 
they  may  recommend — if  adopted,  still  a  further  space  of 
time  will  be  necessary  to  organize  and  set  it  in  motion: — In 
the  mean  time  our  affairs  are  daily  going  on  from  bad  to 
worse,  and  it  is  not  rash  to  say  that  our  distresses  are  accum- 
ulating like  compound  interest. 

But  if  for  the  reasons  already  mentioned,  and  others  that 


i8 


ADDRESS  BV  JOHN  JAY. 


we  cannot  now  perceive,  the  new  Convention,  instead  of 
producing  a  better  plan,  should  give  us  only  a  history  of  their 
disputes,  or  should  offer  us  one  still  less  pleasing  than  the 
present,  where  should  we  be  then  ?  The  old  Confederation 
has  done  its  best,  and  cannot  help  us  ;  and  is  now  so  relaxed 
and  feeble,  that  in  all  probability  it  would  not  survive  so  violent 
a  shock.  Then  "to  your  tents  Oh  Israel !"  would  be  the  word- 
Then  every  band  of  union  would  be  severed.  Then  every 
State  would  be  a  little  nation,  jealous  of  its  neighbors,  and 
anxious  to  strengthen  itself  by  foreign  alliances,  against  its 
former  friends.  Then  farewell  to  fraternal  affection,  unsus- 
pecting intercourse;  and  mutual  participation  in  commerce, 
navigation  and  citizenship.  Then  would  arise  mutual  restric- 
tions and  fears,  mutual  garrisons, — and  standing  armies,  and 
all  those  dreadful  evils  which  for  so  many  ages  plagued  England, 
Scotland,  Wales,  and  Ireland,  while  they  continued  disunited, 
and  were  played  off  against  each  other. 

Consider  my  fellow  citizens  what  you  are  about,  before  it 
is  too  late — consider  what  in  such  an  event  would  be  your 
particular  case.  You  know  the  geography  of  your  State,  and 
the  consequences  of  your  local  position.  Jersey  and  Connec- 
ticut, to  whom  your  impost  laws  have  been  [17]  unkind — Jersey 
and  Connecticut,  who  have  adopted  the  present  plan,  and 
expect  much  good  from  it — will  impute  its  miscarriage  and  all 
the  consequent  evils  to  you.  They  now  consider  your  opposi- 
tion as  dictated  more  by  your  fondness  for  your  impost,  than 
for  those  rights  to  which  they  have  never  been  behind  you  in 
attachment.  They  cannot,  they  will  not  love  you — they 
border  upon  you,  and  are  your  neighbors;  but  you  will  soon 
cease  to  regard  their  neighborhood  as  a  blessing.  You  have 
but  one  port  and  outlet  to  your  commerce,  and  how  you  are 
to  keep  that  outlet  free  and  uninterrupted,  merits  considera- 
tion.— What  advantage  Vermont  in  combination  with  others, 
might  take  of  you,  may  easily  be  conjectured  ;  nor  will  you  be 
at  a  loss  to  perceive  how  much  reason  the  people  of  Long 
Island,  whom  you  cannot  protect,  have  to  deprecate  being 
constantly  exposed  to  the  depredations  of  every  invader. 

These  are   short   hints — they   ought   not   to   be  more 


ADDRESS  BY  JOHN  JAY. 


19 


developed — you  can  easily  in  your  own  mind  dilate  and  trace 
them  through  all  their  relative  circumstances  and  connections. 
— Pause  then  for  a  moment,  and  reflect  whether  the  matters 
you  are  disputing  about,  are  of  sufficient  moment  to  justify 
your  running  such  extravagant  risques.  Reflect  that  the 
present  plan  comes  recommended  to  you  by  men  and  fellow 
citizens  who  have  given  you  the  highest  proofs  that  men  can 
give,  of  their  justice,  their  love  for  liberty  and  their  country, 
of  their  prudence,  of  their  application,  and  of  their  talents- 
They  tell  you  it  is  the  best  that  they  could  form;  and  that  in 
their  opinion,  it  is  necessary  to  redeem  you  from  those  calam- 
ities which  already  begin  to  be  heavy  upon  us  all.  You  find 
that  not  only  those  men,  but  others  of  similar  characters,  and 
of  whom  you  have  also  had  very  ample  experience,  advise  you 
to  adopt  it.  You  find  that  whole  States  concur  in  the 
sentiment,  and  among  them  are  your  next  neighbors;  both 
whom  have  shed  much  blood  in  the  cause  of  liberty,  and  have 
manifested  as  strong  and  constant  a  predilection  for  a  free 
Republican  Government  as  any  State  in  the  Union,  and 
perhaps  in  the  world.  They  perceive  not  those  latent 
mischiefs  in  it,  with  which  some  double-sighted  politicians 
endeavor  to  alarm  you.  You  cannot  but  be  sensible  that  this 
plan  or  constitution  will  always  be  in  the  hands  and  power  of 
the  people,  and  that  [18]  if  on  experiment,  it  should  be  found 
defective  or  incompetent,  they  may  either  remedy  its  defects, 
or  substitute  another  in  its  room.  The  objectionable  parts  of 
it  are  certainly  very  questionable,  for  otherwise  there  would 
not  be  such  a  contrariety  of  opinions  about  them.  Experience 
will  better  determine  such  questions  than  theoretical  argu- 
ments, and  so  far  as  the  danger  of  abuses  is  urged  against  the 
institution  of  a  Government,  remember  that  a  power  to  do 
good,  always  involves  a  power  to  do  harm.  We  must  in  the 
business  of  Government  as  well  as  in  all  other  business,  have 
some  degree  of  confidence,  as  well  as  a  great  degree  of  caution. 
Who  on  a  sick  bed  would  refuse  medicines  from  a  physician, 
merely  because  it  is  as  much  in  his  power  to  administer  deadly- 
poisons,  as  salutary  remedies. 

You  cannot  be  certain,  that  by  rejecting  the  proposed  plan 


20 


ADDRESS  BY  JOHN  JAY. 


you  would  not  place  yourself  in  a  very  awkward  situation. 
Suppose  nine  States  should  nevertheless  adopt  it,  would  you 
not  in  that  case  be  obliged  cither  to  separate  from  the  Union, 
or  rescind  your  dissent?  The  first  would  not  be  eligible,  nor 
could  the  latter  be  pleasant — A  mere  hint  is  sufficient  on  this 
topic — You  cannot  but  be  aware  of  the  consequences. 

Consider  then,  how  weighty  and  how  many  considerations 
advise  and  persuade  the  people  of  America  to  remain  in  the 
safe  and  easy  path  of  Union;  to  continue  to  move  and  act  as 
they  hitherto  have  done,  as  a  band  of  brothers;  to  have  confi- 
dence in  themselves  and  in  one  another  ;  and  since  all  cannot 
see  with  the  same  eyes,  at  least  to  give  the  proposed  Consti- 
tution a  fair  trial,  and  to  mend  it  as  time,  occasion  and 
experience  may  dictate.  It  would  little  become  us  to  verify 
the  predictions  of  those  who  ventured  to  prophecy,  that  peace: 
instead  of  blessing  us  with  happiness  and  tranquility,  would 
serve  only  as  the  signal  for  factions,  discords  and  civil  con- 
tentions to  rage  in  our  land,  and  overwhelm  it  with  misery  and 
distress. 

Let  us  also  be  mindful  that  the  cause  of  freedom  greatly 
depends  on  the  use  we  make  of  the  singular  opportunities  we 
enjoy  of  governing  ourselves  wisely ;  for  if  the  event  should 
prove,  that  the  people  of  this  [19]  country  either  cannot  or 
will  not  govern  themselves,  who  will  hereafter  be  advocates 
for  systems,  which  however  charming  in  theory  and  prospect, 
are  not  reducible  to  practice.  If  the  people  of  our  nation, 
instead  of  consenting  to  be  governed  by  laws  of  their  own 
making,  and  rulers  of  their  own  choosing,  should  let  licentious- 
ness, disorder,  and  confusion  reign  over  them,  the  minds  of 
men  every  where,  will  insensibly  become  alienated  from 
republican  forms,  and  prepared  to  prefer  and  acquiesce  in 
Governments,  which,  though  less  friendly  to  liberty,  afford 
more  peace  and  security. 

Receive  this  Address  with  the  same  candor  with  which  it  is 
written;  and  may  the  spirit  of  wisdom  and  patriotism  direct  and 
distinguish  your  councils  and  your  conduct. 

A  citizen  of  New  York. 


